Drugged driving has emerged as a major threat to road safety, fueled by rising cannabis and prescription drug use. As the laws surrounding drugged driving change, it is important to know your rights as a driver charged with a DUI, as well as the complexities of defending against such charges. Retaining the services of an experienced DUI Defense Attorney is crucial in Los Angeles for those facing DUI charges involving cannabis and prescription drugs, as the legal landscape surrounding these cases can be complex.
This article is a guide to exploring the most important fields regarding how you can protect yourself from facing the road behind bars for drugged driving, particularly cannabis and prescription drugs. We’ll explain the legal definitions, possible defenses, and what to do if you’re arrested for drugged driving in Los Angeles.
DUI drugs or drugged driving, can be charged when a driver drives under the drugs affecting their ability to drive safely. This includes illegal drugs, prescription drugs, and even over-the-counter drugs. You can get into DUI Arrest in California for driving while on a substance that impairs your ability to drive, including cannabis or prescription drugs.
DUI drugs legal limits are not as easy as they are with alcohol. Unlike alcohol, which is governed by set legal limits for blood alcohol concentration (BAC), drug impairment is usually assessed by looking for visible signs of intoxication and through the testimony of experts.
Since recreational cannabis is now legal in California, many drivers assume they can drive after using cannabis. But marijuana is also known to impair motor skills, reaction time and judgment. The legal limits for marijuana impairment are still in dispute, but having in your system can still lead to charges if it affects your ability to drive.
Numerous prescription drugs can hinder the ability to drive, but especially those prescribed for anxiety, depression, and pain, like benzodiazepines, opioids and muscle relaxers. A DUI Lawyer can determine whether this medication was legally prescribed, but regardless, if it impairs your ability to drive you will likely still face DUI charges.
Even common over-the-counter medications, like antihistamines or cold medications, can impair driving, and carry DUI charges. This is why you have to be careful with any medication that can affect your ability to drive safely.
Whereas in alcohol DUI cases, blood alcohol content (BAC) is an important piece of evidence, in drugged driving cases, these methods of evidence are far more subjective. Here are some common ways drugged driving charges are demonstrated in Los Angeles:
Being arrested for DUI drugs can be frightening, but a qualified DUI Attorney Los Angeles can break down the methods used to prove guilt and build a comprehensive and thorough defense against your charges. Here are a few defenses most commonly used in fighting DUI charges for cannabis and prescription drugs:
Just because a substance is present in your system, that doesn’t mean you necessarily were impaired at the time of the arrest. Cannabis, for example, can linger in your bloodstream long after its high has faded. A defense attorney could dispute the link between the presence of a drug and impairment itself.
Blood or urine tests can also sometimes be false or misadministered. And if the testing procedure was flawed or if the sample was mishandled, the results can be challenged in court. Some drugs, for instance, produce false positive results that may even result in false charges of drug impairment.
If you were authorized by a physician to have taken the medication in question, your lawyer can argue that you had the right to take it. Most medications come with warnings about possible impairment, but if you were following instructions and took the drug as directed, this can be a strong defense.
Certainly medical conditions or other factors (such as tiredness or allergies) can produce drug impairment, fooling officers into believing that the driver was impaired. A seasoned DUI Defense Attorney may argue that you exhibited symptoms of a medical condition, not impairment from drugs.
If the police had no reasonable suspicion in stopping you or reasonable cause in giving you a drug test, your attorney can claim the stop, as well as potentially the arrest, were unlawful. The consequence can be that the evidence is inadmissible in court.
If you are arrested for DUI in Los Angeles, the following legal processes will ensue:
Engaging the services of a legal professional skilled in drugged driving defense requires a thorough understanding of the current criminal defenses and a comprehensive knowledge of how substances, such as cannabis or prescription drugs, affect the human body. With laws changing all the time in Los Angeles regarding drugged driving, it’s important to work with a knowledgeable Criminal Defense Lawyer Los Angeles who can create a solid defense for your case.
An experienced DUI Lawyer can explain the complexities of the law, gather necessary evidence, and challenge incorrect testing methods. If you’re facing DUI charges for cannabis, prescription drugs, or any of a number of substances, an experienced defense lawyer will battle to protect your rights.
Los Angeles Drugged Driving Arrest — What To Expect If you are arrested for drugged driving in Los Angeles, contact an experienced attorney to help you with your case. We are a DUI Defense specialist and provide aggressive representation in cases of cannabis, prescription drugs and other combined substances. We work tirelessly to get you the best possible outcome in your case while protecting your rights every step of the way.
Don’t go through these charges alone. Contact us at alimourilaw.com for a consultation with our seasoned and skilled DUI Defense team. We’re here to defend you and protect your future.